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LEGAL FORMS COMPILATION

1.) Acknowledgement
2.) Secretary’s Certificate
3.) Verification/Sample Complaint
4.) Complaint for Collection of Sum of Money
 Plaintiff as Natural Person
 Defendant as Juridical Person
5.) Juridical Persons as Parties
 Republic of the Philippines as party
 Private Corporation with other Juridical Parties or Entities Duly
Registered Parties but not Incorporated
6.) Corporation De Facto as Plaintiff
7.) Real Party in Interest or Indispensable Parties
8.) Representative Parties
9.) Stockholders Suing in a Derivative Suit
10.) Actions Prosecuted or Granted by Representative on Behalf of Beneficiaries
11.) Spouses as Partner
12.) Minors as Incompetent
13.) Permissive Joinder of Parties
14.) Joinder or Permissive Parties
15.) Class Suit
16.) Unwilling Plaintiff may be Impleaded as Defendant
17.) Misjoinder and Non-Joinder of Parties
18.) Alternative Defendant
19.) Unknown Identity of Defendant
20.) Entity Without Juridical Personality as Defendant Corporation by Estoppel

Respectfully Compiled by:

DEL FIERRO, MELODY K.


Bachelor of Laws III
Sunday, 2:00-4:00 PM
I. ACKNOWLEDGEMENT

Republic of the Philippines)


City of Cebu ) S.S.

BEFORE ME, this 4th day of February, 2018 in the City of Cebu, Philippines, personally
appeared Mr. X, with [Valid Identification Document] (Driver’s License No. N25-07-
007777) issued by the [official agency] (Land Transportation Office) on 10 January 2018,
known to me to be the same person who executed the foregoing instrument, and who
acknowledged to me that the same is his free act and deed.

IN WITNESS WHEREOF, I have set my hand and affixed my Notarial seal on the day, year
and place written.

(Sgd.) N. O. TARIO Notary Public


Until __________________
PTR No. _______________
Issued at ______________
On ___________________

Doc. No.
Page No.
Book No.
Series of 2018

NOTE: If the instrument consists of 2 or more pages, include the following after the 1st
paragraph:

This instrument, consisting of ___ pages, including the page on which this
acknowledgment is written, has been signed on the left margin of each and every page
thereof by ___________ and his witnesses (if any), and sealed with my Notarial seal.

* The Notary Public’s seal must be impressed on every page of the document notarized.
II. SECRETARY’S CERTIFICATE

REPUBLIC OF THE PHILIPPINES }


CEBU CITY } S.S.

SECRETARY’S CERTIFICATE

I, Mr. X, Filipino, of legal age, with office address at Uytengsu Urgello St., Cebu City, after
being sworn in accordance with law, do hereby depose and state as follows:

1. That I am the incumbent Corporate Secretary of Disk Drives Unlimited, a


corporation duly organized and existing under Philippine laws, with principal office
at 1434 Ayala Avenue, Cebu City,;

2. That during the special meeting of the Board of Directors held on 1 February 2018,
wherein a quorum was present and acted throughout, after being informed of the
necessity of obtaining loans and/or credit accommodation with any banking/
lending institution, to generate funds for the purpose of expanding the business of
exporting hard disk drives, the Board approved the following resolution, to wit:

RESOLUTION NO. BD-028-2007

“RESOLVED, as it is hereby resolved, that the corporation be empowered and


authorized to apply for, negotiate, obtain loans from DI BASTA BASTA BANKING
INC., including the renewal, extension and/or increase, rollover or restructuring
thereof, and/or of its existing credit facilities in such amount(s) and under such
terms and conditions as may be mutually agreed upon, and to secure and
guarantee the payment of the aforesaid loan or credit facilities by means of
mortgage, pledge, assignment or any other form of encumbrance upon any and all
properties or assets of the corporation of whatever kind or nature, real or personal,
as may be sufficient or required for the purpose.”

“RESOLVED FURTHER, as it is hereby resolved, that EDELISA JUNTILLA, the


President, be authorized to sign, execute, and deliver any and all documents
including but not limited to loan application, disclosure statement, purpose sheet,
application for letters of credit, promissory note, draft, surety agreement, trust
receipt, mortgages, pledge, assignment, and the like, including the
renewals/extensions/increase/amendments/restructuring thereof, in order to
effectuate the foregoing matters.”
NAME POSITION SIGNATURE
Edelisa Juntilla President

“RESOLVED FINALLY that DI BASTA BASTA BANKING INC. be furnished a copy of


the foregoing resolutions for its guidance and may continue to rely on the authority
conferred thereon, including the renewal, increase, roll-over and/or restructuring
thereof, unless and except to the extent that the foregoing resolutions shall be
revoked or modified by the receipt of any subsequent resolution/s of the Board of
Directors of the Corporation.”

3. That the foregoing Resolution remains valid and has not in any manner been
novated, revoked, nor repealed to date.

AFFIANT FURTHER SAYETH NAUGHT.

Issued this 4th day of February 2018 at Cebu City.

Corporate Secretary
_________________
III. VERIFICATION

Defendant Mr. X, of legal age, after having been duly sworn, desposes and says:

That she is the defendant in the above-entitled case;

That he has caused the preparation of the forgoing motion for relief from order of
default; he has read the allegations thereof and the same are true and correct of his
personal knowledge and/or based on authentic records.

Mr. X
Affiant
III. VERIFICATION AND CERTIFICATION
FOR NON-FORUM SHOPPING

I, Mr. X, Filipino, single, of legal age, and with address at Uytengsu, Urgello St., Cebu City
hereby depose and state that:

1. I am the Complainant in the above-captioned case;


2. I cause the preparation of the foregoing position paper;
3. I have read the allegations contained therein and hereby certify that they are true and
correct to my knowledge and based on the true records of the case;
4. I hereby certify that I have not filed or caused to be filed any other case or proceeding
involving the same issues or subject matter in the Supreme Court, the Court of Appeals, or
any other Court, tribunal or quasi-judicial agency, and to the best of my knowledge, no
such action or claim is pending therein;
5. Should hereafter I learn that there is a similar pending before any such Courts, tribunal
or agency, I undertake to report such fact tot his agency within five (5) days from such
knowledge;

IN WITNESS WHEREOF, I hereunto affixed my signature on the same date as above


written.

Mr. X
Affiant

SUBSCRIBED AND SWORN to before me this 3rd day of February 2018 at the City of
_________, affiant exhibiting to me his ____________________ .

Doc No.______;
Page No._____;
Book No._____;
Series of 2011.
IV. COMPLAINT FOR COLLECTION OF
SUM OF MONEY

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
CEBU CITY, BRANCH 1

Mr. X

Plaintiff,

- versus - Civil Case No.__________


For: Collection of sum of money

ABC Corporation

Defendant

x---------------------------x

COMPLAINT

COMES NOW, the plaintiff through undersigned counsel, and to this Honorable
Court respectfully alleges:

1. That plaintiff is single, Filipino citizen and residing at Uytengsu, Urgello St., Cebu
City where she may be served with court processes, motions, and decision while
defendant is a Corporation, having its name ABC Corporation as duly registered by
the Security of Exchange Commission (SEC) with business address at Sto. Rosario
St., Cebu City where summons and other court processes may be served;

2. That on 14 February 2013, the defendant, ABC Corporation borrowed from the
plaintiff a sum of money amounting to Ten Million Pesos with an agreed interest of
five percent (5%) per month as evidenced by a promissory note herein attached as
Annex “A” and form an integral part of this complaint;

3. That as shown in the attached promissory note, the indebtedness of the defendant
Corporation has become due and demandable on February 14, 2015 ;
4. That despite plaintiff’s repeated demands, both written and verbal, defendant
failed, neglected and refused to fulfill obligations without just and valid grounds to
the continued damage and prejudice of plaintiff, as evidence by Annex “B”-Demand
Letters;

WHEREFORE, premises considered, it is hereby respectfully prayed before the


Honorable Court to render decisions in favor of the plaintiff and order the defendant ABC
Corporation to pay the amount due of Ten Million.

Place and date.

Signature of Counsel
V. REPUBLIC OF THE PHILIPPINES AS
PARTY

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
CEBU CITY, BRANCH 1

Republic of the Philippines thru


The Department of Public Works

Plaintiff,
- versus - Civil Case No.__________

DEF Construction Co. Inc.,

Defendant

x---------------------------x

COMPLAINT

COMES NOW, the plaintiff through undersigned counsel, and to this Honorable
Court respectfully alleges:

1.) That plaintiff is the Department of Public Works and a government agency, with
business address at Jones St., Cebu City where said agency may be served with
court processes, motions, and decision while defendant is a private corporation,
having its name DEF Construction Corp as duly registered by the Security of
Exchange Commission (SEC) with business address at Mantalungon St., Mandaue
City where summons and other court processes may be served;

2.) That on 3 February 2016, plaintiff and the defendant have entered into a contract.
The defendant, DEF Corporation has obliged to finish the construction of the bridge
located at Osmena St., Cebu City for a period of twelve (12) months, the contract
herein attached as Annex “A” and form an integral part of this complaint;

3.) That the defendant failed the completion of the construction of the bridge, left
unfinished and no whereabouts was reported to the Government whatsoever;
4.) That twelve (12) months already lapsed from the stipulated date of completion and
the construction of the bridge remain unfinished.

5. That despite plaintiff’s repeated demands, both written and verbal, defendant
failed, neglected and refused to fulfill obligations without just and valid grounds to
the continued damage and prejudice of plaintiff, as evidence by Annex “B”-Demand
Letters;

WHEREFORE, premises considered, it is hereby respectfully prayed before the


Honorable Court to render decisions in favor of the plaintiff and order the defendant DEF
Corporation the performance of his obligation, to finish the construction of the bridge in
view of the contract made on 3 February 2016.

Place and date.

Signature of Counsel
VI. CORPORATION DE FACTO AS
DEFENDANT
Mr. X,
Plaintiff,
-versus- Civil Case No.______

XYZ Corporation and A B and C,


Defendants

x--------------------------------------x

The plaintiff, Mr. X, of legal age, and residence of Uytengsu, Urgello St., Cebu City.

On March 23, 2005, plaintiff and defendant XYZ Corporation entered into a contract
of sale of 1,000 sacks of palay at P500.00 each sack, whereby plaintiff was to deliver said
number of sacks of palay to defendant corporation and the latter was to pay the price
thereof, upon delivery.

Plaintiff delivered said 1,000 sacks of palay to defendant corporation on March 30,
2005 at the latter’s office at 23 Maria Clara St., Manila, but notwithstanding such delivery
and demands for payment thereof, said corporation refused to pay the total price thereof
of P500,000.00, alleging that it was not liable as it did not register itself as corporation.

Investigation shows that the persons who claimed to be directors of said


corporation are defendants A, B and C, who were also the persons dealing with plaintiff in
connection with the sale of the sacks of palay and who represented that defendant XYZ
Corporation was duly registered with the Securities and Exchange Commission, when in
fact it was not.

WHEREFORE, plaintiff prays that defendants be ordered to pay plaintiff jointly and
severally the amount of P500,00.00 with legal interests thereon from March 30, 2005 until
the whole amount and interests thereon are fully paid

Place and date.

Signature of Counsel
XI. SPOUSES SUING JOINT

Spouses Mario Domaboc

and Maria Domaboc,

Plaintiffs

-versus- Civil case No. 1234

ABC Banking Corporation,

Defendants.

x x

Mario Domaboc and Maria Domaboc are both of legal age, husband and wife and
with residence, Uytengsu, Urgello St., Cebu City.

The transaction in this suit involves basically that of the husband Mario Domaboc, but his
wife, Maria Domaboc is joining him as party plaintiff, because the suit is for nullification of
the mortgage of conjugal property.
XII. MINOR AS PLAINTIFF

Marimar Beckham, and Rachel Zane


as guardian ad lite,

Plaintiffs,

-Versus- Civil Case No. ________

Robin Padilla

Defendant.

x-------------------------------------x

Plaintiffs Marimar Beckham 14 years old, the only of child of the Spouses Ema and
Peter Beckham, both being dead and she is represented in this suit for conveyance of real
property which she inherited from her parents when the latter died in 1999 and said
parcel of land was registered was registered in the name of defendant, in trust and for the
benefit of Plaintiff. For the purpose of this suit Rachel Zane alleges that she is the aunt of
the Plaintiff, and she has an interest with the Plaintiff at heart and prays with the
Honorable Court that she be appointed guardian ad litem , to represent the Plaintiff and
protect her interests in the instant case.
XIII. JOINDER OF PERMISSIVE PARTIES
IN ONE COMPLAINT

A,B,C,D,E,F,G,H,I, K and L

Plaintiffs,

Versus Civil Case No.___________

Junior Bus Company,Inc.

Defendant

x------------------------------------------x

Plaintiff are of legal age and are the heirs of the passengers of the bus owned by
defendant as common carrier, bound for Baguio City on September 2009, when bus
turned turtle due to its driver’s driving recklessly and negligently, resulting in the death of
all passengers, and causing plaintiffs to suffer damages in the amount of no less than
Php500,000.00 each for medical expenses and loss of earnings , and involving questions
of law and fact common to all plaintiffs.
XV. COMPLAINT IN FORM OF CLASS
SUIT

H, I, J, K ,L M,N AND O, on their own

Behalf and on behalf of class members,

Plaintiffs,

-versus- Civil Case No. 12345

Juan dela Cruz, John Manuel

Princess Cabro, and ABC Voluntary Association,

Defendants

x x

Plaintiffs are legal age and are members of the voluntary association, known as XYZ
Voluntary Association, which is composed of over 500 members, who are required to
contribute P200.00 monthly, in return for the benefits extended to its members. Plaintiffs
are suing on their own behalf as members of said association and on behalf of all other
members thereof, who are so numerous that it is impracticable to implead them all as
plaintiffs.

Defendants, as officers of said corporation, have mismanaged its affairs, did not
render any accounting to the members, and appropriated the members’ contributions unto
themselves, thereby compelling the members thereof to compel said officers to wind up
the affairs of the association and to require defendants as officers thereof to render an
accounting of the money and property of the association.
XVI. UNWILLING PLAINTIFF, IMPLEAD
AS DEFENDANT
Pedro, Juan and David, all

Surnamed Dela Cruz,

Plaintiffs,

-versus-

Myrna dela Cruz, and Samson

Dela Cruz,

Defendants.

x x

1. This is an action for partition of a parcel of land consisting of 10,000 sq.m., located
in Cebu City, and which defendants inherited from their parents, when the latter
died in an accident on October 3, 2009, and since said date, defendants Samson
dela Cruz, their elder brother, has been occupying the same and reaping all its
income to himself.
2. The instant suit being a suit by and among members of the same family, plaintiffs
exerted all efforts to reach an amicable settlement of the case, by talking to
defendant Samson dela Cruz, convincing him to agree to extra-judicial partition of
the property and even informing him that plaintiffs are willing to forego any claim
of accounting to convince him to settle the case amicably, but all such efforts
proved useless.
3. Plaintiffs had asked Myrna dela Cruz, being a co-owner, to join plaintiffs as co-
plaintiff, but the latter refused, constraining plaintiffs to implead her as a
defendant.
XVIII. ALTERNATIVE DEFENDANT

Juan dela Cruz,

Plaintiff,

-versus- Civil Case No. 34567

Lito Lapis, Sogbow Liners, For: Damages

and Leila Singko in the alternative,

Defendant,

x___________________________x

COMPLAINT

PLAINTIFF, by counsel, respectfully states that:

1. Plaintiff is single, of legal age, and a resident of 123 Vicente Rama Avenue,
Cebu City;
2. Plaintiff was riding in the bus of Defendant Sogbow Liners going to Bogo, Cebu
when it met an accident causing damage and injury to the former;
3. That Lito Lapis is the driver of the said bus during the accident;
4. That a white vehicle with plate number YJD 123 collided with the bus of Sogbow
Liners;
5. That the said vehicle was driven and owned by Leila Singko at the time of the
accident;
6. That the said plaintiff is suing Lito Lapis, Sogbow Liners and Leila Singko in the
alternative for recovery of damages.

WHEREFORE, plaintiff respectfully prays for judgement in its favour by ordering


defendants to pay the amount of P250,000.00 representing the damages he has suffered.
XIX. UNKNOWN IDENTITY OF
DEFENDANT
Republic of the Philippines
Municipal Trial Court
Branch 5
Baguio City

Ms. Bernadette Sembrano,

Plaintiff Civil Case No. 2


For:
Damages
-versus-

John Doe,

Defendant.

x-----------------------------------------x

COMPLAINT

Plaintiff through counsel, to this most Honorable Court, most respectfully


states that:

1. On January 3, 2018 Plaintiff was on her way home being with him her
groceries;
2. On her way walking in the gutter of the road, someone ,whose identity is not
known yet, was riding a motor vehicle and hit Plaintiff causing damages to her
groceries and his property including his phone and bag that has been destroyed;
3. Plaintiff is claiming for damages due to her for the destroyed phone and
groceries due to the hitting of John Doe;
4. The actual name of the liable party will be added when discovered.

PRAYER

WHEREFORE xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
IX. STOCKHOLDERS SUING IN A
DERIVATIVE SUIT
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
BRANCH20

DEBORAH A. RISBERG, derivatively on


behalf of ASPEN TECHNOLOGY, INC.,

Plaintiff(s),
C.A.NO:
vs.

JOAN C. MCARDLE, DOUGLAS A.


KINGSLEY, DONALD P. CASEY, MARK E.
FUSCO, GARY E. HAROIAN, STEPHEN M. VERIFIED SHAREHOLDER
JENNINGS, MICHAEL PEHL, STEVEN L. DERIVATIVE COMPLAINT
BROWN, GRESHAM T. BREBACH, JR.,
DOUGLAS R. BROWN, CHARLES F. KANE,
MANOLIS E. KOTZABASKIS, C. STEVEN
PRINGLE, DAVID MCQUILLIN,
LAWRENCE B. EVANS, STEPHEN J.
DOYLE, LISA W. ZAPPALA, and MAY A.

PALERMO,

- and -

ASPEN TECHNOLOGY, INC., a Delaware

Corporation,
Nominal Defendant,

Defendant(s).

Deborah A. Risberg ("Plaintiff') is a shareholder of Aspen Technology Inc. ("Aspen" or the "Company"), and files this
Verified Shareholder Derivative Complaint (the "Complaint") pursuant to Federal Rule of Civil Procedure 23.1 on behalf of
the Company against certain of its officers and directors seeking to remedy Defendants' violations of the law, including
breaches of fiduciary duties relating to events that began as early as September 1997 and continued until the present
day (the "Relevant Period") and that have caused substantial financial losses to Aspen and other damages, including, but
not limited to, its reputation and goodwill. Plaintiff, he alleges upon personal knowledge as to her own acts and upon information
and belief as to all other matters, based upon, inter alia, an investigation conducted by her counsel, which included, among other
things, the review of publicly available documents filed with the Philippines Securities and Exchange Commission ("SEC"), press
releases and other media repor
X. ACTIONS PROSECUTED OR
AGENDED BY REPRESENTATIVES OR
ON BEHALF OF BENEFICIARIES
REPUBLIC OF THE PHILIPPINES
6TH JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 30
ILOILO CITY

IN RE: PETITION FOR APPROVAL


THE WILL OF CARREY SPECIAL PROCEEDINGS
MANANSALA WHOOPS, NO.: 2290
DECEASED.
FOR: PROBATE OF WILL
KAREN MANANSALA LATUMBO
-PETITIONER.
X--------------------------------------------------X

PETITION

COMES NOW THE PETITIONER, KAREN MANANSALA LATUMBO, through the


undersigned counsel and unto this Honorable Court most respectfully avers:

1. That the Petitioner is of legal age, married, Filipino and resident of No. 08 Brgy.
Sta. Cruz, Arevalo, Iloilo City, where she can be served with summons and other
processes of this Honorable Court;
2. That Petitioner is the sister and the executor named in the last will and testament
of CARREY MANANSALA WHOOPS, deceased, who died in Iloilo City, on
September 23, 2013, hereto attached and marked as Annex “A” of this petition
is the death certificate;

3. That said CARREY MANANSALA WHOOPS executed and left said last will and
testament in accordance with the formalities of the Republic of the Philippines,
said last will and testament (photostatic copy only) dated November 12, 2012 is
hereto attached as Annex “B” and made an integral part of this petition, the
original thereof to be presented to this Honorable Court at the time of the
probate;

4. That the subscribing witnesses to said will are: RUSHELLE B. PARCON, of legal
age, single, Filipino and a resident of Room 3, PRP Condominium, General Luna
St., Iloilo City; WILMA M. LAGANCE, of legal age, single, Filipino and a resident
of Phase 4, Block 3, Lot 8, Lavida Loca Subdivision, Villa, Iloilo City; and ANNA
JADE L. GRANADA, of legal age, single, Filipino and a resident of Phase 2, Block
4, Lot 15, Carmen J. Ledesma Village, Jaro, Iloilo City;

5. That the decedent is an inhabitant of the Philippines and a resident of No. 08


Brgy. Sta. Cruz, Arevalo, Iloilo City at the time of her death;

6. That the petitioner, KAREN MANANSALA LATUMBO, named in the will as executor
thereof, be allowed to serve without the required bond and that Petitioner is
legally qualified, competent, willing and ready to accept the appointment as
Executor of the last will and testament and hereby signifies her willingness to
serve and discharge her duties and responsibilities as such;
7. That the property left by the decedent consists of real and personal property,
estimated to have the gross value of FIFTY MILLION PESOS(Php50, 000,000.00)
more or less;

8. That the testatrix, at the time of the execution of the said will, was 53 years old,
of sound and disposing mind, and not acting under duress, fraud, or undue
influence and was in every respect capacitated to dispose of his estate by will.

9. That the decedent CARREY MANANSALA WHOOPS was survived by Janet W.


Napoles, married, and Jaime Whoops, Jr., single, both of legal age, Filipinos, and
residents of No. 08 Brgy. Sta. Cruz, Arevallo, Iloilo City where they can be served
notices.

XXXXXXX

ATTY. RIZALEE J. PEREZ


IBP NO. 854908, 1/02/12, Iloilo City
PTR NO. 3621460, 1/02/12, Iloilo City
ROLL ATTORNEY NO. 32747
MCLE Comp. No. IV-0004785, 3/2/12

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